WorksheetsDemandability of Obligations
Total questions: 22
Worksheet time: 13mins
When is a pure obligation demandable?
upon the happening of a condition
upon the happening of a day certain
immediately, at once
upon filing a case in court
When is a Suspensive Conditional Obligation demandable?
Immediately
demandable
Upon the happening of the condition (future, uncertain event)
Upon the arrival of the period (future, certain event)
Upon filing a case in court
When is an Obligation with a Suspensive Period demandable?
Immediately
demandable
Upon the happening of the condition (future, uncertain event)
Upon the arrival of the period (future, certain event)
Upon filing a case in court
When is a Resolutory Conditional Obligation demandable?
Upon filing a case in court
Immediately demandable;
Demandability will end when the day certain arise
Upon the arrival of the period (future, certain event)
Immediately
demandable;
Demandability will end when the condition cease to exist
When is an Obligation with a Resolutory Period demandable?
Upon filing a case in court
Immediately demandable;
Demandability will end when the day certain arise
Upon the arrival of the period (future, certain event)
Immediately
demandable;
Demandability will end when the condition cease to exist
TRUE OR FALSE: There is no legal delay when there is no formal demand.
TRUE
FALSE
TRALSE
TRUE OR FALSE: Formal demand may be either extra-judicial or judicial.
TRUE
FALSE
TRALSE
It is a formal demand made through sending a demand letter to the debtor, either in person, through registered mail or private courier i.e. LBC
Extrajudicial Demand
Judicial Demand
Love Letter
Tao po Shoppee po
It is a formal demand made through court action
Extrajudicial Demand
Judicial Demand
Love Letter
Tao po Shoppee po
When is there Legal Delay?
The obligation is due and demandable
Formal demand was made
Failure to comply with the obligation
all of the above
GENERAL RULE: There is no Legal Delay when there is no Formal Demand
EXCEPTION: Legal Delay exist from the moment the obligation is due and demandable even without a formal demand:
When the obligation or the law expressly so declares
When from the nature and the circumstances of the obligation, time is of the essence
When the answer demand would be useless, as when the obligor has rendered his power to perform
all of the above
Events which could not be foreseen, or which, though foreseen, were inevitable
Acts of Man
fortuitous event
events place
mora solvendi
Fortuitous Event – Essential Elements
1.The event must be ___________ of the will of the debtor
dependent
independent
Fortuitous Event – Essential Elements
2.The event could have not be _________, or if foreseen, is _________
forseen; evitable
forseen; inevitable
Fortuitous Event – Essential Elements
3.The event must be of such character as to render it ___________ for the debtor to comply with his obligation in a ______ manner
impossible; normal
possible; normal
Fortuitous Event – Essential Elements
4.The debtor must be free from ___________ in, or the __________ of, the injury of the creditor
participation; aggravation
debts; payment
Fortuitous Event –Exception:
1. When the debtor is guilty of fraud, negligence or delay, or in c (a) of the tenor of the obligation
Fortuitous Event –Exception:
2. When the debtor has promised to deliver the s____ s_______ thing to two or more person who do not have the same interest
(a)
Fortuitous Event –Exception:
3. When the nature of the obligation requires the assumption of r (a)
Fortuitous Event –Exception:
4. When the thing is g (a)
refers only to a class or genus to which it pertains and cannot be pointed out with particularity
specific thing
generic thing
thing thing
thang thang
particularly designated or physically segregated from others of the same class
specific thing
generic thing
thing thing
thang thang
